Write a complaint against your boss to the labor inspectorate. Contacting the labor inspectorate: is it possible to complain anonymously and how to do it correctly

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For what reasons can you file a complaint with the labor inspectorate?

In order for the relevant inspections to become interested in your problem, it is necessary to understand and evaluate this or that reason within the framework of permitted legal measures. But what to do if the employer clearly violates your rights and forces you personally or does things on your own that contradict those specified in the labor code. Practice shows that employees are often afraid of treatment precisely because they do not know their rights. A person simply cannot assess the situation and distinguish it from illegal actions. This option is not applicable, especially in our time, when some bosses consider an employment contract to be an unnecessary pile of paper and take it for a voluntary consent to slavery.

Let's look at the main problems for which you can safely write a complaint to the State Tax Inspectorate:

1. Errors in the rules and procedure for applying for a job

• Lack of information in the labor code about the amount of your salary, bonuses for work, etc.
• You were asked to sign a document acquainting yourself with the internal rules and conditions of your stay, but nothing was done, and subsequently you are fined for non-compliance.
• The employer has agreed to hire you probation, however, you are in a position.
• When you were hired, you were promised the same hours of work, but in reality it turns out differently.

2. Your rights were violated during the work process

• You have been deprived of your right to annual leave and you don’t know anything about it.
• Salary payment deadlines are constantly delayed and often delayed indefinitely.
• The settlement department requires you to pay the full amount of vacation funds.
• They are trying to force you to work extra unpaid hours. At night.
• When trying to get justice from management, threats of sanctions and dismissal are heard.

3. They illegally tried to fire you or were eventually able to fire you.

• The dismissal came without prior notice to you as an employee.
• During the layoff, the employer did not pay you the remaining salary.
• The company's accountant delays the issuance deadlines work book.
• The work book was not filled out properly. The dismissal occurred under the article illegally.

This list is not exhaustive, but contains the most popular cases when an employer tries, as they say, “to sit on his head” and takes advantage of the legal ignorance of his employees.

What should be in the complaint?

Currently, the law does not provide any forms for complaints to the labor inspectorate. You have the right to compose it in free form, written by hand. The most important thing is to understand the fact of the appeal and its reason. In addition, the document must reflect the following:

1. Information about the applicant. It will be enough to indicate your full name and address for a response, you can email.
2. Necessary employer data (company name, full name of the person responsible and address to clarify the circumstances of the case).
3. The essence of the claims you stated. We recommend writing only the facts, not stretching everything over several pages and not making an essay out of it. To help, you can open the Labor Code and present a list of violations in competent legal language, excluding your emotions.
4. Date of compilation and signature.

Having dwelled on the question of the essence of the presentation in the document, it must be said that the more factual instructions and comments it contains, as in the law, the easier it will be for a specialist to read your appeal and make a decision on it. In practice, many labor inspectorate employees notice that when writing, applicants often include their emotional state and paint the boss with various epithets. Who he is and what he did, it’s better to let the law decide. You have already done your job and all you have to do is wait for the decision.

An example of writing a complaint

Only a sample will be presented below; you should enter your addresses in it and state the reasons why you are drawing up the appeal.

State Labor Inspectorate
Moscow, Lenin st., 1
from Ivanov Peter Mikhailovich
Moscow, Lenin street, building 1, apartment 1
email address: ХХХ@ХХХ
Phone: 000-00-00

COMPLAINT

On January 20, 2017, I was hired at LLC “………….” (address) for the position of senior engineer, where I am to this day. According to my employment contract, I have the right to paid leave once a year.
08/20/2017, during my interest in the subject of the required paid leave, the head of the department, Ivanov A.A. told me that this year I do not have the right to go on vacation. In response to all my comments about the right to leave after 6 months of work, I was asked to take it at my own expense.
According to the above
I ASK:
1. Take this fact under control.
2. Check the correctness of the action of the person in charge.

22.08.2017
Ivanov P.M Signature

Where to file a claim?

After you have successfully made a claim, you can send it to the inspectorate as follows:

1. Direct visit to the labor inspection office. In this case, it is necessary to make at least 2 original applications and give them to the employee, who must put a special acceptance stamp on the documents, sign for receipt and indicate his last name. He must give you one of the sheets.
2. Sending a letter to Russian Post. One of the longest options. The letter must be sent with return receipt requested. In this way, you will protect yourself from cases when a document may be lost or received by an unauthorized person.
3. Submit a claim online.

All larger number people are interested in how to write a complaint online? To do this, you need to visit the website of the relevant authority and select the reason for the appeal through the management department. On the website you will be able to fill out the appropriate form, through which the inspection staff will be able to find out from you all the information they are interested in regarding the reasons conflict situation At work.

Regardless of the sending method, you must indicate on the form a convenient method of communication for you.

Is it possible to apply anonymously?

This opportunity is of interest primarily to those who are still at their old place of work and would not like to talk about who they are. In this case, it will be much more difficult to achieve justice, because according to the law, the inspectorate has the right to refuse a request in the proceedings if the identity of the applicant is not established.

If your situation is justified and it is best to file a claim anonymously, then you can notify employees about this and ask them not to distribute information about themselves outside. In most disputes, the situation is resolved this way.

How long should I wait for an answer?

According to the law, the supervisory authority makes a decision based on the relevant inspection. During the investigation, the labor inspector will not only trace all the organization’s documentation, but will also probably interview workers, draw up the primary nature of the place of work, and compare it with those specified in the law.

Usually investigations, without any serious violations, last about 30 days. At the end of this period, a special order will be issued to the employer, giving him the allotted time to eliminate the violations. In some cases, administrative liability is even provided in the form of a fine. The applicant will also receive a response to the results of the inspection during this period.

If the investigation drags on and serious violations are revealed: safety requirements, working conditions, systematic violations in hiring, etc., the inspector’s orders will be submitted to the court for further proceedings.

Why are collective complaints more effective?

Statistics show that few people seriously pay attention to individual complaints from citizens about violations of their labor rights. Of course, an inspection will be carried out, but not as it will be done in the event of collective dissatisfaction of workers.

The main advantages collective complaint can be called:

1. Drawing up a complaint from all employees is a clear signal to the labor inspectorate about violations of employee rights.
2. If the application was submitted by one employee, then there is a possibility that it will be exaggerated. In the collective version there is definitely no such problem.
3. The collective mind is much smarter than even the most experienced employee and can provide a lot of evidence and evidence of violations.

The form for drawing up the application is also not regulated by law and can be chosen individually. The main thing is to describe the problem itself and put signatures on the specified document with a regular ballpoint pen.

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Sample complaint to labor inspection taking into account the latest changes in the legislation of the Russian Federation.

The Labor Code of the Russian Federation provides several ways to protect the rights of an employee. This may include going to court, the labor dispute commission, or the Federal Labor Inspectorate (Rostrudnadzor).

Rostrudnadzor has the most extensive competence, since this service has special inspectors on its staff who have the right to carry out on-site inspections at enterprises based on employee complaints. It is worth noting that it is necessary to contact Rostrudnadzor in cases where we're talking about not about a labor dispute, but specifically about the employer’s violation of labor laws. The complaint may concern the organization of working conditions, issues regarding accidents, registration of labor documentation, etc.

It must be remembered that some labor disputes (among them issues illegal dismissal, changes in the motivation for dismissal, violations of the procedure for using personal data, bringing an employee to financial liability) can only be considered by the court, so it makes no sense to contact Rostrudnadzor about them.

The format of the complaint itself is quite standard for such documents. A sample of such a complaint is given below. As for the description of violations, each of them is described separately. First, the employer’s actions, which the employee considers illegal, are described, then arguments and references to the norms of the Labor Code of the Russian Federation are given as confirmation of the employee’s position.

In the final part of the complaint, the employee must indicate what measures need to be taken against the employer. Moreover, we are talking not only about punitive measures, but also about actions that are necessary to restore the violated rights of an employee.

To the Federal Labor Inspectorate
in the city_________________

________________________
(specify address)

From ______________________
(full name, residential address, contact details)

Complaint

about violation of employee rights

I, ___________________ (full name of the applicant), am an employee of ____________________ (indicate the name, legal form, TIN, address of the employer, if we are talking about an individual entrepreneur, then indicate the full name, address, TIN).

At this enterprise (institution, organization) I work under an employment contract with “___” “__________” 20 __ in the position of ______________________ (indicate who the employee works for).

During my labor activity my labor rights were repeatedly violated as a result of the following actions of the employer _____________________ (indicate the actions of the employer that violate the rights of the employee provided for by labor legislation).

The specified actions of the employer are illegal due to _________________________ (indicate the norms of the Labor Code of the Russian Federation, other regulations, taking into account which the actions of the employer are illegal).

Taking into account the above, guided by Articles 354, 356 of the Labor Code of the Russian Federation,

I ASK:

1. Conduct a review of the arguments set out in the complaint and, if relevant violations are detected in the activities of ____________________ (indicate the name, organizational and legal form, if we are talking about an individual entrepreneur, then indicate the full name, address, TIN) bring the perpetrators to administrative responsibility ;

2. Oblige my employer __________________ (indicate the name, organizational and legal form) ____________________ (indicate what needs to be done to eliminate the violation, for example, pay wages, make payments in full, issue a work book, etc.);

3. Notify me about the results of the inspection.

Applications:

1. Copy of the employee’s passport;

2. A copy of the employment contract;

3. Documents confirming the applicant’s arguments.

“___” “________” 20__ ________________ (signature)

To the labor inspectorate filed in cases where the employer violates any rights of employees, refuses to provide legally guaranteed payments and vacations. How to write and submit a complaint to the labor inspectorate, what rules must be followed when writing such a document, we will talk in detail in this article.

How and in what cases are complaints filed with the labor inspectorate?

For clarity, here is an example of writing a complaint:

State Labor Inspectorate

Omsk, st. Lenina, 1

from Sergei Leonidovich Ivanov

Omsk, st. Leningradskaya, 1, apt. 1

contact phone: 11-11-11

From 2012 to the present day, I have been working as a foreman at Stroyinvest LLC, which is located at the address: Omsk, Zheleznodorozhnaya street, building 15. From October 2017 to the present, the employer has refused to provide me with annual paid leave, citing the fact that There is no one to replace me during my vacation. I have repeatedly written applications for leave, but such applications were not accepted by the HR department.

After another refusal on November 5, 2018, I wrote a complaint to general director Society of Vladimir Ivanovich Grozin. The secretary at the director's reception accepted the application, but refused to record the fact of its acceptance on my copy. I was never given an answer to my complaint.

Then I tried to talk to the director in person and made an appointment for December 20, 2018. During this meeting, the director directly indicated to me that I would not be given leave, and if I was going to argue, I could immediately write a letter of resignation.

In connection with the above

1. carry out an inspection this fact and bring those responsible to justice;
2. ensure the exercise of my right to paid leave.

How to write a complaint to the Moscow labor inspectorate

It is not difficult to write a complaint to the Moscow labor inspectorate. You can submit it in 3 ways:

• bring the complaint in person;
• send a claim by Russian Post;
• complain about an unscrupulous employer through the official website of the State Labor Inspectorate.

Let's look at each of the ways to file a complaint with the labor inspectorate in more detail.

1. In the first case, everything is more or less clear. Write your complaint (it is important to remember that all appeals should be made in 2 copies); take it to the inspection (on the second copy, be sure to indicate the date of submission of the document, as well as the signature and transcript of the signature of the person who accepted it); and then wait for a response to your request. It is important to note that the complaint must indicate not only the address for sending a response, but also a contact telephone number so that you can be promptly contacted if additional questions arise during the consideration of the complaint.
2. Sending a complaint by Russian Post is approximately the same as personally delivering a complaint. Write a complaint (keep the second copy), then go to the post office, fill out the notification form and send the appeal by registered mail with notice. When the notice is returned, you will have confirmation of receipt of the letter and the signature of the person who accepted it. Alternatively, you can simply save the shipping receipt. Before the notification is returned, this receipt confirms that it was sent.
3. Most in a simple way Today, the only way to contact the labor inspectorate is to file a complaint via the Internet. In order to file a complaint with the labor inspectorate of the city of Moscow, you will need to visit the official website of this government structure. On the website, you should select the “Online Reception” tab, and then decide on the topic of your application (select from the proposed list). It contains the most common problems: wages, working hours and rest time, hiring and dismissal from work, changes in working conditions, labor protection, disciplinary and financial liability employee, etc. If there is no topic for your request, then you need to select the “Other questions” tab. After following the link, click the “Submit Application” button.

In order to send a complaint, you will have to fill out a short form: indicate your name, surname and patronymic, address, contact phone number and email address. You will also need to choose how you want to receive a response: in writing by Russian Post or by email.

After this, you need to enter information about the employing organization, indicate the TIN and OGRN of the company, the name and position of the manager, as well as the title of your position. Below you will be offered several options for action on your appeal, for example: conducting an inspection and bringing the perpetrators to justice; initiation of administrative proceedings; receiving advice on an issue, etc. On the contrary required action should be checked.

Then you can proceed to directly writing a complaint. The main text of the complaint must be stated according to general rules business letter. As additional materials You can attach various files to your application (for example, scanned copies of an employment contract, documents confirming your position, etc.).

What is important to consider

How to fill out an application and contact the labor inspectorate online? What does the labor dispute inspectorate check? How does the labor inspectorate check an employer?

Cases of violation of workers' labor rights are widespread. Most people perceive injustice from their superiors as an inevitable nuisance and do nothing for fear of retribution in the form of sanctions or dismissal.

Meanwhile Russian legislation has a full arsenal regulatory documents and administrative levers to protect the rights ordinary worker, and put any tyrant boss in his place.

Welcome to Valery Chemakin, a legal consultant, and this article will talk about such a useful service as the labor inspection. You will find out how effective its protection is.

At the end of the article you will find an overview of several law firms whose employees will help resolve your disagreements with your superiors.

1. What is a labor inspection and what does it check?

Labor legislation includes many rules and regulations that govern the relationship between employees and employers.

On the part of the latter, labor law is often ignored, which contributes to the emergence of. Read about the essence of this concept in our special article.

To resolve them, a labor inspectorate has been created in Russia, contacting which gives workers the opportunity to defend their rights out of court. All employers are required to comply with the decision of this body or appeal it to the court. The inspectorate is subordinate to the Ministry of Labor and social protection population.

Control and supervision in the field labor relations, conducting labor safety inspections, considering complaints - this is not all that the State Labor Inspectorate does.

Types of activities of the labor inspectorate:

• conducts inspections of employers (scheduled and unscheduled) to identify and suppress violations of labor legislation;
• monitors the progress of inspections on industrial accidents;
• checks the legality of payments of social benefits;
• controls the activities of guardianship authorities in terms of work with incapacitated citizens;
• permits in government institutions;
• conducts awareness-raising work;
• conducts an examination of harmful production conditions;
• assesses the state of affairs with labor protection at enterprises.

Another name for this service, represented in all regions, is Rostrud.

2. When to contact the labor inspectorate - overview of the main situations

The powers of the labor inspectorate are such that the inspector has the right to come with an inspection not only according to a previously agreed plan, but also unscheduled. This is possible when complaints are received against the employer from employees, but (read a separate article about its functions) they are not able to resolve the conflict.

Since the labor inspectorate is a state regulatory body, an unscheduled inspection is also appointed to monitor compliance with the order after the deadline for eliminating violations has expired. What are the grounds for conducting an unscheduled inspection by the labor inspectorate?

Situation 1. Delay or non-payment of wages

The law establishes that an employee must receive a salary twice a month. IN employment contract payment days are clearly reflected. If an employer systematically delays wages or does not pay them in full, the employee has the right to appeal to the inspectorate with a complaint. By the way, you don’t have to go to work until the debt is paid off. You will also be paid for the forced downtime later.

Situation 2. Incorrect calculation of compensation upon dismissal

On the day of dismissal, the employee has the right to receive a full payment, taking into account all due compensation. If the employer did not do this or deceived the resigning employee, then the labor inspectorate will impose a fine on him, even if he is an individual entrepreneur. In addition, he will oblige you to pay every penny.

Situation 3. Non-payment of benefits

Russia - welfare state, That's why large number citizens refers to preferential category. They are entitled to benefits, the payment of which depends on many factors. The authorities administering these payments sometimes commit violations and deny citizens their legal right. In this case, you also need to contact the inspectorate.

Example

Nikolai Pavlovich lived in a remote village and, as long as his health allowed, he raised bees. Several years ago, he bought his minor son an apartment in the city with the expectation that he would go to university and need his own housing. Then Nikolai Pavlovich fell ill and had to sell the apiary, but he had a northern pension.

My son started studying and applied for social scholarship, but he was refused, citing the fact that he and his father had sufficient income and also had their own apartment.

The guy turned to me for advice, I advised him to contact the labor inspectorate. After all, he lived in the apartment alone, was of age at the time of applying for a scholarship, which means that the father should not be taken into account as a family member in the calculation.

It helped. Literally a few days later he was given a certificate according to which they began to pay a stipend. The most interesting thing is that the inspector only had to call social security and warn that they had committed a violation.

Situation 4. Refusal to exercise the right to leave

According to labor code and the Constitution, all employees have the right to rest. The employee has the right to use it within 6 months after employment. Some employers, under the guise of official necessity, do not allow their employees to go on vacation.

As a result, a year, a year and a half, and sometimes even two pass. This should not happen - be sure to contact the labor inspectorate. How to do this, read in the next section.

3. How can you file a complaint with the labor inspectorate - 3 proven methods

You don’t know how to write to the labor inspectorate against your employer, but you really want to? Then you must learn some rules.

Rules for filing a complaint to the labor inspectorate:

• do not pour water, describe only the facts and support them with evidence;
• fewer emotions - they do not carry a semantic load;
• do not use profanity;
• introduce yourself and indicate your contacts.

If someone is wondering whether it is possible to anonymously contact the labor inspectorate, know that such a slander will not be considered. Below I propose to consider 3 methods of appeal.

Method 1. Contact the labor inspectorate in person

If your city or town has an active labor inspectorate, go there in person and present your problem directly to the inspector. Perhaps he will solve your problem without any statement or explain that you are mistaken and the employer is right.

If the truth is on your side, then you need to write an appeal according to the sample proposed by the inspector. In it, state the facts that you have double-checked several times. Write without emotion, concisely with links to the attached documents.

What documents are needed to apply to the labor inspectorate:

• passport;
• employment contract;
• orders or instructions from the manager related to the case;
• other documents confirming the illegality of the administration’s actions.

A note will be made about the acceptance of documents for consideration, and you will be given a receipt.

Method 2. Send an application by mail

How to write a letter to the labor inspectorate so that it actually reaches the addressee and is considered? Nothing could be simpler. Introduce yourself. Indicate the name and details of the organization against which you have a complaint. State their essence concisely and reasonably. Attach to the letter copies of documents confirming your words according to the inventory.

After this, send a registered letter with notification. You will receive a tear-off coupon confirming that your application has been received at the correct address. Don't forget to include your return address, phone number and email. This will help solve your problem more quickly.

Method 3. Via the Internet

Most convenient way- this is submitting an application to the labor inspectorate online. There is a special form for this on the Rostrud website. It is very convenient and does not require special knowledge. Read about how to use this method in the next section.

4. How to submit an application to the labor inspectorate online - step-by-step instructions for beginners

Modern technologies make it possible to solve the most serious and pressing problems using the Internet. In particular, today you can get a large number of services by submitting applications through the portals of the relevant authorities or directly through the State Services website.

2) Lexlife

This company specializes in resolving all types of disputes in court and out of court. ok, that's it including the settlement of labor disputes. The main thing is not to miss the deadline established by law for contacting the labor inspectorate, especially after dismissal. To do this, you need to immediately use the services of Lexlife.

Company services:

№	Service name	The essence of the service
1	Consulting	Providing consulting services in oral and written form on labor legislation
2	Pre-trial settlement of a dispute with an employer	By contacting the labor inspectorate and negotiating with the company administration
3	Drawing up a claim, statement of claim	Competent execution of these documents with references to legislation
4	Protecting employee interests in courts	Full support in court

3) Yuskon

The main activity of the company is accounting support. However, resolving personnel issues of the enterprise is also within the sphere of interests of the company. If you are an employee, then specialists will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, then by concluding an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.

Now I suggest you watch a thematic video.

7. How to appeal a decision of the labor inspectorate - procedure

Unfortunately, the decision of the labor inspectorate does not always completely satisfy the victim. But everyone has the right to appeal against it, first with the head of this service, and then in court.

How to do this - read below.

Action 1. Compose and send a letter to the head of the labor inspectorate

If you think that during the inspection the inspector did not take into account some arguments and made a decision not in your favor, prepare a letter addressed to his supervisor. In it, describe in detail the essence of the problem, attach a copy of the inspector's response and indicate the points with which you disagree. Justify your statements. If necessary, find additional arguments in your favor.

The period for consideration of such a complaint is no more than 30 days. If you are satisfied with the results, the incident can be considered over. If not, then move on to the next step.

Action 2. We collect documents and materials that you want to challenge

You need to provide the court with those documents that, in your opinion, are controversial. These include: orders and instructions from the manager, timesheets and schedules, settlement documents. Here we also put the answers received from the labor inspectorate.

Action 3. Go to court

We write statement of claim according to the model we take in court. We attach to it the documents listed above, and declare witnesses if necessary. Don't forget to pay the state fee. When going to court, I recommend hiring a lawyer who has experience handling civil cases in the area of ​​employment law.

Labor Dispute Commission - 5 stages of dispute resolution by the Labor and Wage Commission + 3 tips on how to prevent an employee from going to court

There are situations when there is an urgent need to complain to State inspection for labor on any actions (or inactions) of the employer. At the same time, it is important for the applicant that his personal data does not appear in the complaint. It is possible to do something like this. Let's look at how to contact the labor inspectorate anonymously, how to make a complaint and how to convey it to the addressee.

Anonymous appeal

There is no specific standard for writing to the labor inspectorate. It is only important that it be written concisely, without emotion. It is necessary that the facts described in the application correspond to the actual state of affairs. If there are documents directly or indirectly indicating a violation of labor laws by the employer, copies of these documents should be attached to the complaint.

If the complainant wishes that his personal data not appear in the complaint, he must indicate this in the application. The request looks something like this: “Please do not disclose information about me as an applicant.” It should be noted that you still need to provide your personal data; without this, the complaint will not be considered. Thus, this statement will be anonymous only for the employer against whom the complaint is made.

Some facts

Collection options, including fines and criminal liability, can be applied to the main persons of the organization, and to those directly responsible. For example, if an employee says that he works in conditions that do not meet safety standards, then not only the boss, but also the labor protection specialist may be guilty in this case.

An anonymous complaint to the labor inspectorate is a real opportunity to report violations on the part of the employer without fear of a negative reaction or retaliation.

The labor supervision inspector has the right not to disclose the source of information. Only this fact distinguishes the official filing of a complaint from an anonymous one. Essentially, such a statement cannot be called anonymous in the full sense of the word. This is just one form of formal complaint, but without permission to refer to the complainant.

Responsibility of the inspector for non-disclosure of the identity of the applicant

Article 6, part 2 Federal Law No. 59-FZ states: “... when considering an appeal, disclosure of information contained in the appeal, as well as information relating to privacy citizen, without his consent." Therefore, it is not legally permitted to disclose the applicant's personal data.

In practice, the labor inspectorate employee is not responsible for publishing information about the citizen who filed the complaint. Therefore, there is no 100% certainty that as a result of the verification, the applicant’s personal data will not become available to the employer or other persons.

It is not at all necessary that the information leak will occur at the will of the inspector. As a rule, verification of a filed complaint also concerns the consideration of certain documents. The law prohibits requiring an employer to submit documents for audit that are not related to the complaint under investigation. Therefore, the inspector is simply forced to request for verification the documents of the employee who wrote the complaint (if this complaint is related to a violation of his rights).

The situation with anonymous statements from citizens is far from ambiguous. The outcome of each complaint is purely individual: in some cases the inspector manages to maintain the citizen’s confidentiality, in others not.

For information on the procedure for contacting the State Labor Inspectorate and consideration of complaints, watch the video

Grounds for complaint

Both the working employee and the applicant can appeal against the employer’s actions. vacant position. The list of reasons for a complaint is not exhaustive; a citizen can report to the inspectorate about any situation that violates his labor rights.

The most common grounds for employee complaints:

• Non-payment or untimely payment of wages and other obligatory payments;
• Not providing labor or social leave;
• Unlawful dismissal;
• Various violations of working conditions: illegal transfer, salary reduction, etc.;
• Wrongful disciplinary action;
• Concealing an industrial accident;
• Delay in work record book or payment upon dismissal;
• Issues related to working nights, weekends and holidays.

The reason for a candidate's complaint about a position is most often a refusal to hire.

Whatever the reason for hiding your data, you must indicate it in the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an employee who has already been dismissed is afraid of his former employer, in the event of unlawful actions against him, he will have every right to contact the police, who will take the necessary measures. In addition, in the complaint itself you can make a request not to disclose data to the other party.

Sequence of steps

A complaint to the labor inspectorate against an employer looks like this step by step:

1. find out the coordinates of the territorial subdivision of the GIT, full name and exact title of the manager’s position;
2. correctly compose a written appeal;
3. attach to the application documents confirming the facts stated in it;
4. take the papers to the inspectorate or send them by registered mail with a list of contents and acknowledgment of delivery.

The following must be attached to the application:

• a copy of the employee's passport;
• a copy of the employment contract;
• a copy of the hiring (dismissal) order;
• copies of any documents confirming a violation of labor rights, at the discretion of the applicant.

If it is impossible to attach all the necessary papers due to the applicant not having them on hand, the State Tax Inspectorate must still accept the application for consideration and schedule an inspection. The inspector will require all documents from the employer.

Please note: when contacting the inspectorate in person, you must request that the application be registered. It is worth asking the clerk to sign a copy of the application, but he has the right to refuse. So, in the event of inaction by the State Tax Inspectorate, a postal notification of delivery of a letter of complaint is more reliable evidence that the application was submitted.

Methods for filing a complaint

Let's look at how to deliver an anonymous letter to the labor inspectorate. Most effective way convey information - send a complaint by post, more precisely by registered mail with acknowledgment of delivery. This sending option assumes that upon receipt of correspondence, the addressee (in our case, the labor supervision inspector) will sign in the postal register that the letter has been received. After this, a notification will be sent to the sender that the addressee has received the letter in hand.

You can personally deliver a written complaint to the labor inspectorate office. In this case, you need to pay attention that the application is accepted by an employee authorized to take these actions, and the fact of receipt is recorded in a special register.

The next way to bring information to the attention of the labor inspectorate is to apply online via the Internet. This is quite easy to do. You need to go to the website of the State Labor Inspectorate of your region or to the Internet portal “Onlineinspektsiya.rf”.

These sites have special forms For feedback and submitting applications. You need to follow the steps step by step electronic service actions, including describing the essence of the complaint. At the same time, in the text of the application, if you wish not to disclose personal data, you must inform the inspector about this fact or check the box for submitting an anonymous application.

How to properly file a complaint

In order for a complaint to be fully considered, it must contain:

• Full name of the territorial labor inspectorate and full name of its head (this information can be found on the official website of the inspectorate);
• Information about the applicant: full name, address;
• Title (“Complaint” or “Application”);
• The essence of the appeal. A description of the situation in which, according to the applicant, the employer violated his rights. What, where, when it happened, what norms the employer violated (this point is not mandatory, the citizen does not have to know the content of all articles of the law), what harm was caused, what is confirmed. Here you should also indicate the full name of the organization where the violation of rights occurred, legal address and, if possible, her TIN.

Conditions for writing a complaint to the labor inspectorate online

In order for a complaint to be considered appropriately, the following conditions must be met:

• Please provide correct applicant information in your application. Anonymous requests remain unconsidered.
• The essence of the appeal is the most concise and objective text, without unnecessary emotions and experiences. The writing style is businesslike.
• The facts stated in the complaint must be reliable and verified.
• The text of the letter should not contain obscene language, insults or slander.
• If possible, attach scanned documents confirming violations of employee rights to the complaint.

Watch the video about a complaint to the labor inspectorate

Contacting the labor inspectorate from the official website

You can file a complaint with the labor inspectorate on the official website onlineinspektsiya.rf.

Since January 1, 2017, there have been major changes when submitting an application to the labor inspectorate online. In order for the inspectorate to conduct an unscheduled inspection of an electronic application, the applicant must be authorized through account V unified system State services (www.gosuslugi.ru). Such innovations appeared in Part 3 of Art. 10 of the Law “On Protection of Rights legal entities And individual entrepreneurs..." (No. 294-FZ dated December 26, 2008).

Additional information

Main documents that must be attached to the application: 1) Employment contract. 2) Order of appointment to a position. 3) A copy of the work record book (if the applicant has one). 4) A copy of his passport. As additional documents, you can select any documents that the applicant considers necessary when considering his application (office memos, email correspondence, etc.)

Therefore, the action algorithm for online complaints to the inspectorate it now looks like this.

1. Registration on the State Services website. You must fill out the form indicating your full name, email address and mobile phone number.
2. Login to the labor inspection website via personal account State Services website.
3. Select the “Report a problem” tab on the page. When you select such a tab before authorization, the system itself will offer to go to the State Services website and register there.
4. Select a problem category from the proposed options (for example, “wages” when payments from the employer are delayed).
5. Choose one of three options that the applicant would like to see as a result of consideration of his application: conducting an unscheduled inspection, bringing the employer to administrative responsibility, or consulting an inspection specialist.
6. Fill out all fields of the application form.
7. Click on the “Send request” button.

A confirmation will be sent to the email address provided by the applicant. From this moment the 30-day period begins for the inspection to consider the complaint.

Review and response timeframes

The legislation stipulates that no more than 1 calendar month should pass from the receipt of a complaint to its detailed consideration. If the complaint concerns illegal dismissal, then the period for consideration of the application is limited to 10 days.

After checking the application, Gov. The inspectorate must conduct an unscheduled inspection of the organization against which the complaint was received. Then a decision is made with an order to the management of this company to correct the violations by a certain date.

Actions of the labor inspectorate after receiving a complaint

Within 30 days after receiving the complaint, the inspector examines the arguments stated in it and conducts an inspection. If during the inspection of a specialist violations of labor legislation are confirmed, at the end of the inspection the following scenarios are possible:

• Issuance of an order to eliminate violations;
• Bringing the employer to administrative or criminal liability;
• Temporary suspension of the enterprise;
• Suspension of individual employees.

If the arguments of the online complaint against the employer to the labor inspectorate are not confirmed, the applicant is sent an appropriate response.
Leaving a complaint without consideration or without a response is possible, as a rule, if there is no personal data in the application: full name, address.

The table lists options for labor inspection inspections

Planned

It is carried out without an application - on the initiative of the inspector. Most often, they are subject to enterprises where an accident has previously occurred or numerous violations have been identified. Before carrying out such an inspection, the inspector first warns the management of the organization.

Target

Carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector whose territory the enterprise belongs to. When visiting a company, an authorized person first checks the violations described in the application. If they are identified, the inspector will issue a fine and also issue an order to eliminate them, compliance with which he will check during a second visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

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